Commonwealth v. Pagan (Lawyers Weekly No. 10-191-13)
School zone statute retroactively applied to reduce protected radius from 1,000 feet to 300 feet for all pending cases.
Category SJC Opinions
Commonwealth v. Lee (Lawyers Weekly No. 10-192-13)
License suspension based on out-of-state OUI conviction does not satisfy G.L. c. 90, § 23, third paragraph; registry documents attesting to notice were inadmissible without testimony.
In the Matter of Burnbaum, Michael W. (Lawyers Weekly No. 10-188-13)
Attorney disbarred for federal drug conspiracy conviction involving client, following reciprocal discipline proceedings after Florida resignation.
Lourie v. Lourie (Lawyers Weekly No. 10-189-13)
Appeal from denial of extraordinary relief petition challenging Probate and Family Court orders. Affirmed where petitioner failed to demonstrate unavailability of other remedies or exceptional circumstances.
Commonwealth v. Cartagena (Lawyers Weekly No. 10-187-13)
Plea withdrawal motion remanded where trial judge's vague recollection of inadequate colloquy practice was insufficient to rebut presumption of regularity without specific factual findings.
Commonwealth v. Canty (Lawyers Weekly No. 10-186-13)
Police officer may testify to defendant's apparent intoxication but not to impairment of driving ability. Indictment valid despite omitting element if it provides fair notice of crime charged.
In the Matter of: Fletcher, Patricia Jean (Lawyers Weekly No. 10-185-13)
Bar reinstatement denied where applicant failed to demonstrate current legal competency, moral fitness, or sufficient engagement with legal study after twenty-year gap from practice.
Commissioners of the Bristol County Mosquito Control District v. State Reclamation and Mosquito Control Board, et al. (Lawyers Weekly No. 10-184-13)
Whether a local mosquito control project has sole authority to set employee compensation rates subject to state agency budgetary oversight.
In the Matter of: Patch, Thomas F. (Lawyers Weekly No. 10-183-13)
Attorney disbarred after felony convictions affecting administration of justice; single justice's indefinite suspension based on unproven psychological issues reversed.
Commonwealth v. Gray (Lawyers Weekly No. 10-181-13)
Sobriety checkpoint case turning on whether Division Commander's Order 10-DFS-35 was part of the checkpoint's applicable guidelines, which determine if screening officer properly questioned defendant.